Policy Body Urges President to Reimpose Ban on Public Officials Joining RSS

New Delhi: The People’s Commission on Public Sector and Public Services, a policy consultations body, has written to President Droupadi Murmu seeking re-imposition of the ban preventing civil servants and government officials from affiliating with the Rashtriya Swayamsevak Sangh (RSS) or any other politically aligned organisation.

The commission in its letter said if the ban is not reimposed, it would set an unhealthy precedent for other political parties, which would undermine India’s democratic and constitutional values.

The letter stressed on the importance of political neutrality within the civil services to ensure that it is unbiased and aligned with the democratic principles enshrined in the constitution.

The commission also said that RSS’s actions “are not always in harmony with the constitution”.

“The agenda of the RSS, and by extension of the BJP, its instrumentality, as revealed by the public statements of these organisations, even if their actions are ignored, reveal that they are prima facie antagonistic to important constitutional provisions,” the commission wrote, emphasising that the BJP must be seen as an extended body of the RSS.

The commission also proposed a mandatory “cooling-off period” of three years for senior officials, judges, and regulators following retirement before they assume roles with politically affiliated organisations.

The letter in full is produced below.

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An Open Letter to the Honourable President of India for Upholding Democratic Integrity in the Civil Services

Hon. Rashtrapati ji, 

We believe that it is desirable to re-impose the recently revoked ban on the members of the senior civil service from being also formal members of the RSS. In support of our position we would like to bring to your notice the following: 

1. The administration is led by the civil services personnel, to further the policies of the government of the day, provided these are consistent with the Constitution of the country, and have their basis in the law, and have the sanction by the legislature. To ensure these policies, programmes, measures, interpretations of the law (such as laying out the rules under various laws and provisions), forming and managing organisations for the pursuit of various goals including those of legitimate policy, it is important that the administration is neutral to all its citizens, and appears as such irrespective of the personnel’s own political leanings and position. This cannot happen unless the senior administrators and those in sensitive positions do not engender partisan actions and bias in administration. This follows logically from the design of a democracy. And Indian democracy, as one of the great work democracies, has this provision of not allowing its civil servants(in many sensitive positions, and in authority) to be members of political parties. 
2. Civil servants are not elected, and so should not have the power to determine policy, independently of the elected. This is also an important aspect of democracy. 
3. If senior administrators are allowed to be members of political parties, they could bias the very working of those entities as much as they could the very orientation of the entity in its working. 
4. India being still in the developmental stage has functionallyalargerole for the state, which means senior administrators and public enterprises have to intervene in society and markets. Partisan bias is clearly an anathema then in a democracy. (See Box 1: India’sDemocracy)
5. All the great democracies have provisions that are functionally inline with the requirement stated above (1, 2, and 3 above). But the form of law and action may vary somewhat. Thus, boththeUKand the US have provisions that restrict the civil service. India has such requirement which is what would be violated if the ban on RSS members from being officers/sensitive staff of the government is removed. (See Box 2: The Civil Service in UK and US)
6. The RSS is de-facto a political entity, a political super-party that is able to hold together its many political entities to the coherent pursuit of its agenda that includes “Hindutva”. (See Box 3: The RSS and its Origins). The well-established judicial approach of “penetrating the veil (of the form) of an organisation or of a legal person” to expose its real function and identity is important. That approach would tell us that formapart, the RSS is a political party (or super-party). Thus, consider the “Vision and Mission” on the website of the RSS1. We draw your attention specifically to: 
7. Involvement in Political Fields: “Sangh-inspired institutions and movements today form a strong presence in social, cultural, educational, labour, developmental, political, and other fields of nationalist endeavour.” This statement highlights the RSS’s involvement in various fields, explicitly mentioning “political” as one of them, suggesting their active role and influence in politics. 
8. Political Movements and Concerns: “Sangh initiated movements—be they social reformist or anti-secessionist—evoke ready response and approbation from the common multitudes as well as from vast numbers of elite of different shades.” The reference to”anti-secessionist” movements indicates a direct involvement in political activities, particularly those dealing with national integrity and political unity. 

iii. Influence in the Political Sphere: “Dr. Keshav Baliram Hegdewar (1889-1940) … anticipated the need for strengthening the foundations of the Hindu society and for preparing it for challenges on social, economic, cultural, religious, philosophical, and political planes.” This shows that the founder of the RSS envisioned addressing political challenges, reinforcing the organisation’s political ambitions. 

1. Political Relevance and Advocacy: “Sangh’s alone has been the voice of genuine patriotic concern amidst the cacophonous politically inspired shibboleths of undefined secularism, etc.” This suggests that the RSS positions itself against what it perceives as misguided political ideologies, advocating for its vision of nationalism, which inherently involves political stances. Its antipathy towards socialists and communists makes it an extreme right-wing organisation with broad political objectives. The RSS’s journal and the speeches of its leaders are not confined to special interests but are broad and political. 
2. Formation of Political Parties and Influence: “With the end of the British Raj, Bharat became a democratic republic with a constitution of its own when the need for a strong political alternative to the ruling party with unalloyed nationalism arose. The Sangh, though it preferred to remain apolitical, was well aware of its commitment to social transformation, including in the political field, based on Hindu values.” The RSSacknowledges its influence in the political field, demonstrating its involvement in shaping political discourse and policies based on its ideological values. 
3. Direct Political Action: “A few senior Sangh functionaries … decided to form the Bharatiya Jan Sangh in 1951 under the presidentship of Dr. Shyama Prasad Mukherjee.” The formation of a political party, Bharatiya Jan Sangh (which later evolved into the BharatiyaJanata Party (BJP), directly ties the RSS to political activities and aspirations. 

vii. We could also consider the many actions of the RSS in recent times as well as in the past to support its parties, including the BJP. Today it is the working force of the BJP. It’s cadres, since 1991 if not earlier, have always been deployed to benefit the Jan Sangh, and nowtheBJPits successor. Many RSS personnel have participated on the side of the BJP (often without another representative of the BJP) in national debates especially on TV. Its leaders and cadres have participated in movements that have created for the BJP its political capital inHindutva, through such movements as the Ram Janmabhoomi -Babri Masjid agitations and participation in very localised conflicts and struggles to further the core agenda of the BJP. Indeed, the core agenda of the RSS is Hindutva and it sees the BJP as an important instrumentality, but with little separation de-facto between the two. 

viii. Many leaders of the BJP are typically drawn from the RSS, and no political leader in BJP can survive without the concurrence of the RSS. The BJP must be seen as an extended body the RSS in reality, whatever are the legal forms of these organisations. 

1. RSS ideologues, are often appointed to positons of importance (board of directors, “independent directors” etc.) in the governance of public educational and research and public enterprises, whenever not explicitly barred by law, by the BJP when in power. 
2. The agenda of the RSS is also not always in harmony with the Constitution [anti-constitutional]and no political grouping [(other than possibly the Naxalites] have an agenda that is so directly anti-constitutional. 
3. The agenda of the RSS and by extension of the BJP, its instrumentality, as revealed by the public statements of these very organisations, even if their actions are ignored, reveal that they are prima facie antagonistic to important constitutional provisions of the Republic of India covering the following: 

 Equality 

 Freedom of religion 

 Secularism 

 Rule of law and constitutionalism and institutionalism  Fundamental and human rights 

 Justice (in the modern sense) 

 Judicial independence 

xii. The Constitution of India separates the state from the party, even when the party is in power. This is sacrosanct to a democracy. One significant measure to ensure this is through the set of articles relating to the role of the Civil Services (Articles 309 to 311). Through these articles civil servants have to operate independently of political parties. Civil servants are expected to be politically neutral, and the Constitution protects them from political retribution, thus contributing to the separation of state functions from party politics. 

xiii. If the recently lifted ban on civil servants joining RSS is not revoked, it will set an unhealthy precedent to other political parties do likewise, allowing civil servants under their purview to join their own sister political groups, leading to a chaotic situation that cuts at the very root ofIndia’s democratic and Constitutional values, which will not augur well for the nation. 

xiv. Not revoking the ban on the RSS would mean that the government is acting in contradiction important provisions in the Constitution of India. 

Conclusion 

Hence, the government should revoke the removal of the ban on RSS members frombeingofficialsin government, or government servants associating themselves in the activities of the RSS

Hence, the Supreme Court should suo motu reverse the decision of the government. [Naxalites who do not believe in the Constitution are both banned and not allowed to hold positions in government.]And the President has avows to his or her ability “..[to] preserve, protect and defend the Constitution and the Law..” (Article 60 of the Constitution of India). 

The RSS, which is also actively opposed to certain provisions of the Constitution and is also political party in disguise, should therefore not have its members being part of the administrative machinery of the government.

In our considered view, the ban on government servants joining the RSS should be extended to all public functionaries. We believe that individuals entrusted with statutory responsibilities should remain completely apolitical and neutral. 

[However, neither the Naxals nor the RSS should be banned outright, as that would be unconstitutional.] 

Additionally, we hold that, in the interest of democracy, senior judges (both High Court andSupreme Court) should not hold party positions. We also believe that democracy in India would be strengthened if senior judges, officials, civil servants, regulators, and public enterprise managers who hold high positions or roles with significant discretion observe a cooling-off period of at least three years, after leaving their positions (whether due to retirement or otherwise), before accepting new appointments. 

Otherwise, we would have already lost a great democracy, and India as we all know and love, may cease to exist. We would then have reversed perhaps humanity’s greatest political achievement of the 20th century i.e. the making of India, a country of unity in diversity that is democratic; since democracy is what makes India and holds India together, India with its humongous diversity and variety. 

There have been reports of members of the higher echelons of the judiciary taking part in activities of RSS and joining the BJP immediately upon retirement. Such association with the RSS, or for that matter, with any other body that has political connotations, affects the credibility of the judicial system. We, therefore, appeal to you to arrange for banning such association and imposing a restriction that, within three years from the date of retirement/ departure from government and its parastatals, they should not join any body that has such political connotations 

Yours in earnest,

Members of the People’s Commission for the Public Sector and Public Services and Concerned Citizens.